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The law of mistake: In B -v- C, D and E in the matter of the A Trust [2009] JRC 245

February 2010 - Litigation & Dispute Resolution. Legal Developments by Ogier .

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In B -v- C, D and E in the matter of the A Trust the Royal Court took the opportunity to fully review the law of mistake in Jersey concerning the disposal of personal property by an individual into a trust following recent decisions by the English courts.

Following the decision, the Court has confirmed that it may take into account the fiscal consequences of a transaction when dealing with applications of mistake with respect to the disposal of personal property by an individual.

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